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HomeMy WebLinkAbout1992-05-29 Decision & Application DEF SUB Notice to APPLICANx°TOWN CLERK and Certification of Acton of Planning Board on Definitive Subdivision Plan entitled: Campbell Forest By: Anrinvar CQn��l t2ni;g Tnr dated December 9, , 19 91 dF iG at 9E �E 9F The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land„, or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. 41., S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4• Other conditions: ,V4e_ -. _ Ln In the event that no appeal shall have been taken from said approval wit n twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. Uhtot 1 g o ha IS D )l, r o i NORTH PLAXXW BOARD Date: May 29, 1992 By: George Perna, Chairman FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN December 9 t 1991 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41., Section 81L, for approval of a proposed subdivision shorn on a plan entitled Campbell Forest by Andover Consultants Inc. dated being land bounded as follows: see attached description hereby submits said plan as a DEFINITIVE plan in accordance with the Rules Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title Reference: North Essex Deeds, Book 1350, Page 673 ; or Certificate of Title No,, , Registration Book page_; or Other: Said plan ins( ) has not(x) evolved from a preliminary plan submitted to the Board of _—_ 19 and approved (with modifications) ( ) disapproved on , 19 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by—laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree— ments herein shall.be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations d construction within two (2) k years from the date hereof. r Received by Town Clerk: Date: gna ure o cant Time: Anastasios logianis Signature: TDJ Development Corp. Address 40 Lowell Rd. Salem, NH 03079 CAMPBELL FOREST DEFINITIVE SUBDIVISION CONDITIONAL APPROVAL 1. Prior to endorsement of the record plans and recording with the North Essex Registry of Deeds the applicant shall provide the following to the North Andover Planning Department. �A Covenant, (Form I) , securing all lots within the V subdivision for construction of ways and municipal services. said lots may be released from the covenant upon posting of a bond as required in condition # 2 (A) YY B. ) Pedestrian access to the State Forest shall be provided. C,Z' Right of Way dedication easements for the proposed roadway, shall be prepared at the applicant ' s expense and provided to the Planning Office. These documents shall include the Right of Way "All which has been designed to provide future access to the property NIF of Lachapelle, and all drainage structures created through the property. ,D / Frontage for lot 17 has been provided on Right of Way "A" . In approving this subdivision the Planning Board has waived the construction of a full roadway throughout Right of Way "All and will allow the applicant to construct a driveway only. Prior to the Planning Board endorsing the Record Plans the applicant shall prepare a maintenance agreement relieving the Town from responsibility for continued maintenance and operations of any driveway servicing lot 17 over Right of Way "A" . Further, this maintenance agreement shall be approved by Town Counsel and recorded by the applicant at the North 26 _�Essex Registry of Deeds. All drainage and sewage facilities shall be approved by Vi the North Andover Division of Public Works. The drainage easements located on lots 31 & 32 , which surrounds Basin "E" , shall be enlarged to include all regrading necessary for construction of said basin. All conditions listed herein shall be placed on the coversheet of the Record Plans which will be presented for endorsement by the Planning Board. All documents shall be prepared at the expense of the applicant, and shall . have proper metes and bounds as required by the Planning Boards Rules and Regulations Governing the Subdivision of Land. 2 . Prior to any lots being released from the statutory covenants, the following information shall be provided to the Planning Board: A. Bonds shall be posted to ensure construction and/or completion of roadways, site screening and other pertinent public amenities. These bonds shall be in an amount as determined by the Planning Board and shall be in the form of a Tri-Party Agreement, or Pass Book. B The developer shall submit approved septic system designs to the Planning Board and certify that the proposed grading of said lot is in conformance with the 63 0 Definitive Plan and drainage calculations, and that said lot does not create adverse flooding on an adjacent property. V4 All proper documents and easements required through Condition # 1 shall be in place. 3 . Prior to a Building Permit being issued for an individual lot, the following information shall be required by the Planning Department: A. A stop sign shall be placed at the intersection of the proposed roadway and Campbell Street. Further, temporary signs shall be posted at 350 feet in either direction of that intersection which read, "Caution, Construction Vehicles in Area. " B. Lot numbers shall be placed on all lots prior to the commencement of construction. C. All necessary permits and approvals for the lot in question shall be secured from the North Andover Board of Health, and Conservation commission. 4 . Prior to a Certificate of Occupancy being issued for an individual lot, the following information shall be required by the Planning Department: A. All necessary permits and approvals for the lot in question shall be secured from the North Andover Board of Health, and Conservation Commission. B. As-built plans of the individual lots showing location and final grades for all structures and septic systems. C. Permanent house numbers will be posted on dwellings. D. An interim as-built, certified by the design engineer, verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. E. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. F. All slopes on the lot in question shall be properly stabilized. 5. Prior to the final release of DPW bond money, the following shall completed by the applicant. A. an as-built plan and profile shall be submitted for review and approval. To insure compliance with this condition, a bond in an amount to be determined by the Division of Public Works shall be posted prior to the release of any lots within this subdivision. B. The applicant shall petition Town Meeting for public acceptance of all streets. Prior to submitting a warrant article for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and the Division of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted the roadways. It shall be the developers responsibility to insure that all proper easements have been recorded with the N.E.R.D. . 6. Due to wetlands and the lot configuration of lots 1 & 3 , a Notice of Intent and Common Driveway Special Permit may be required for construction on these lots. This subdivision approval does not imply that these permits would be granted, but rather that the merits of each shall be reviewed at the time of application. 7 . Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. 8 . There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification by a Registered Professional Engineer will be required prior to the issuance of a Certificate of Occupancy. 9 . Throughout the Right of Way, tree cutting shall be kept to a minimum in order to reduce erosion and preserve the natural features of the site. Accordingly, a no cut line shall be located and marked in the field and approved by Staff. In the event there is tree cutting outside the right of way the developer in conjunction with a registered arborist, or other professional as approved by staff, shall submit a tree cutting and reforestation plan consistent with the provisions of section 5.8 of the North Andover Zoning Bylaws ( The plan is only for areas of substantial cutting and filling ) to be reviewed by the Planning Staff prior to the applicant receiving a permit to build on any lot within the subdivision. This Plan shall explicitly include specific trees to be retained. Also, the developer shall inform the Town Planner when any tree cutting is to occur in order that the Planner may determine the need to be to be present. 10. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12 . No underground fuel storage shall be installed except as otherwise allowed by Town regulations. 13 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14 . The following waivers to the Planning Board' s "Rules and Regulations Governing the Subdivision of Land" have been granted through this approval: A. Curve not having the required minimum radius at the intersection of street lines of Joanne Drive and Campbell Road on the Westerly side. B. Reduction in shoulder width from eight (8) feet to five (5) feet in the areas of wetland crossings, as shown on the plans. C. Reduction in pavement width from 26 feet to 22 feet. A 261 width shall be maintained from station 0+00 to station 2+00, and shall taper from 261 to 221 from station 2+00 to station 3+00. D. Not to construct a roadway to Town Standards in Right of Way "A" , east of Joanne Drive. (See Condition 1-D) E. Sidewalks of four (4) feet in width, in areas of wetland crossings, rather than five (5) feet, shall be constructed as shown on the record plans 15. At the discretion of the Technical Review Committee, permanent intersection warning signs may be required. 16. Any location of utility poles shall not interfere with the site distance along Campbell Road. 17 . A construction schedule for work within Campbell Road shall be provided to the Town Planner and Division of Public Works for review and approval. 18. A detail sheet showing roadway cross sections shall be provided as part of the record plans. This plan shall provide for the following: a. 221 width of pavement except as otherwise noted in this decision. b. A minimum 31 grass strip on either side of the roadway. C. 51 sidewalks. d. In areas of wetland crossings the grass strip may be eliminated and a 41 sidewalk provided. In all such areas sloped granite curbing shall be installed between the roadway and the sidewalk. e. catch basins shall be installed with the center of the grate set one foot off center of the roadway. 19 . The following Plans shall be considered as part of this decision: Plans entitled: Campbell Forest, North Andover, Massachusetts Scale: See Plans Dated: 12/4/91, Revised 3/12/92 Sheets: Cover Sheet sheets 1-22 Prepared By: Andover Consultants 1 East River Place Methuen, MA 01844 Prepared For: TDJ Development Corp. 40 Lowell Road Salem, NH 03079 cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN December 9 19 91 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81-Lq for approval of a proposed subdivision shown on a plan entitled Campbell 111 Forest by Andover Consultants Inc. dated being land bounded as follows: see attached description hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title Reference: North Essex Deeds, Book 1350, Page 673 ; or Certificate of Title No. , Registration Book , page ; or Other: Said plan hem( ) has not(X) evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) ( ) disapproved ( on , 19 _. The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall be binding upon all heirs$ executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations d construction within two (2) years from the date hereof. r Received by Town Clerk: ' Date: gna ure o scant Time: Anastasios alogianis t TDJ Development Corp. Signature: Address 40 Lowell Rd. Salem, NH 03079 i Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: By: dated 19 The. North Andover Planning Board has voted to APPROVE said plant subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land"t or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. 41t S. 81-U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Boards no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANDOVER PLANNING BOARD Date: By: Description of Property CAMPBELL FOREST North Andover , Mass . Beginning at a point on the southerly side of Campbell Road at land of Meyer ; thence Southwesterly by land of Meyer 281 feet ; thence Southeasterly by land of Meyer 603 feet ; thence Northeasterly by land of Meyer 150 feet ; thence Northwesterly by land of Meyer 125 feet ; thence Easterly by land of Ringdahl 240 feet ; thence Southerly by land of Lachapelle 263 feet ; thence Southeasterly by land of Lachapelle 184 feet ; thence Westerly by land of Lachapelle 248 feet ; thence Southerly by lands of Lachapelle and Richards 1460 feet ; thence Westerly by land of Commonwealth of Massachusetts 294 feet ; thence Northwesterly by land of Labelle 848 feet ; thence Westerly by land of Labelle 440 feet ; thence Northerly by land of Commonwealth of Massachusetts 360 feet ; thence Northwesterly by land of Commonwealth of Massachusetts 826 feet ; thence Northerly by lands of Piantidosi , Ford , and Robinson-Adams 547 feet ; thence Easterly by lands of Collins and Gamache 305 feet ; thence 15 Northerly by land of Gamache 304 feet ; thence 15 Easterly by Campbell Road 76 feet ; thence Southerly by land of Warren 292 feet ; thence i' f Easterly by lands of Warren , Fundeklian , and Hagelin 456 feet ; thence Northerly by land of Hagelin 353 feet ; thence Northeasterly by Campbell Road 56 feet ; thence Southerly by land of Merski 303 feet ; thence Easterly by land of Merski 146 feet ; thence Northerly by land of Merski 70 feet ; thence Easterly by land of Fowler 180 feet ; thence Northerly by land of Fowler 245 feet ; thence Northwesterly by land of Fowler 86 feet ; thence Northeasterly by Campbell Road 829 feet to the point of beginning . Containing 71 . 9 acres , more or less . E Description of Property CAMPBELL FOREST North Andover , Mass . Beginning at a point on the southerly side of Campbell Road at land of Meyer ; thence Southwesterly by land of Meyer 281 feet ; thence Southeasterly by land of Meyer 603 feet ; thence Northeasterly by land of Meyer 150 feet ; thence Northwesterly by land of Meyer 125 feet ; thence Easterly by land of Ringdahl 240 feet ; thence -' Southerly by land of Lachapelle 263 feet ; thence Southeasterly by land of Lachapelle 184 feet ; thence Westerly by land of Lachapelle 248 feet ; thence Southerly by lands of Lachapelle and Richards 1460 feet ; thence Westerly by land of Commonwealth of Massachusetts 294 feet ; thence Northwesterly by land of Labelle 848 feet ; thence Westerly by land of Labelle 440 feet ; thence .,,' Northerly by land of Commonwealth of Massachusetts 360 feet ; thence Northwesterly by land of Commonwealth of Massachusetts 826 feet ; thence ' Northerly by lands of Piantidosi , Ford , and Robinson-Adams 547 feet ; thence Easterly by lands of Collins and Gamache 305 feet ; thence Northerly by land of Gamache 304 feet ; thence Easterly by Campbell Road 76 feet ; thence „f. Southerly by land of Warren 292 feet ; thence I' Easterly by lands of Warren , Fundeklian , and Hagelin 456 feet ; thence Northerly by land of Hagelin 353 feet ; thence Northeasterly by Camp.bell Road 56 feet ; thence Southerly by land of Merski 303 feet ; thence Easterly by land of Merski 146 feet ; thence Northerly by land of Merski 70 feet ; thence ' Easterly by land of Fowler 180 feet ; thence "' Northerly by land of Fowler 245 feet ; thence f Northwesterly by land of Fowler 86 feet ; thence Northeasterly by Campbell Road 829 feet to the point of beginning . Containing 71 . 9 acres , more or less . 3 LEGAL NOTICE January 6,1992 Notice is hereby given that the North Andover Planning Board will hold a public hearing on Thursday evening, January 23, 1992,at 8:00 p.m. in the Town Building, Selectmen's Meeting Room with all parties interested in the application of T.D.J. Development Corp.,requesting approval as a subdi- vision pursuant to the provisions of M.G.L.-Chapter 41, Section 81-T, under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land, of the Planning Board in the Town of North Andover, the following described parcel of land bounded as follows and containing approximately 71.94 acres, more or less,subdivided into 32 lots: Northerly by land N/F of Commonwealth of Massachusetts, Piantidosi, Ford, Robinson-Adams, Gamache, Hagelin,Merski,and Fowler; Northeasterly by land N/F of Meyer and Campbell Road; Easterly by land N/F of Ringdahl, Collins, Gamache, Campbell Road, Warren, Fundeklian, Hagelin and Fowler; Southeasterly by land N/F of Meyer and Lachapelie; Southerly by land N/F of Lachapelle, Richards, Warren and Merski; Southwesterly land N/F of Meyer; Westerly by land N/F of Lachapeile. Commonwealth of Massachusetts, Labelle; Northwesterly by land N/F of Meyer. Labelle, Commonwealth of Massachusetts,and Fowler. Per Order of the North Andover Planning Board, George D. Perna,Chairman NAC: 1/8, 1/15/92 J' Aj V 7` 71 o LIST OF PARTIES OF INTEREST PAGE. 2 OF 2 SUBJECT PROPERTY ADDRESS 106-g pn,T nevel-ai)ment Corp . 40 T,owell Rd Salem, NH 03079. ABUTTERS NAME-:` P MA_ '!",,'.,.:;jPA.RCEL DRESS. 106B 38 Dale Merski 95 Cam bell Rd. Lisa Merski No. Andover, MA 01845 0 B 3 Keith Hagelin lit Qa=be1_1_ Rd. 1paliling- *R. VagpTl-n No . Andover, MA 01845 B 36 jArthur S . Funaeklian 121 Campbell Rd. Idilian M. Fundekiian -No. -And MA 01645 lo6B 78 Rod--er V . Warren 133 Cam bell Rd. 37 3 8 Lynn D- Warren No. Andover, MA 01845 1 n6-R Rus-sp-11- r— ramache- 14,? ramphel I Ed . ., Pn 'Rox Carolyn J. -Gamache No. Andover, MA 01845 1 o 6 jBI 79 'Paul F. Collins 161 Cam bell Rd. I 1B-e—rta A. Collins No. Andover, MA 01845 1-06B 73 ISuzanne M. Robinson- 179 rqml)'hpl I Rd . I Adams No . Andover, MA 01845 [ 10bB 74 [Peter J. Piantidosi 134 Chadwick St. I— I - No. An(i r)�zpr,, Dag OIR45 F 1-06B 1 76 jBrian B. Ford 197 Campbeil hct 0 'Fr)rd No . Andover, MA 01845 [-106B 5-2 _j:o_Ila-than Heller 1205 Campbell Rd. Evelyn Heller No. Andover, MA 01845 W 2 1068 175 alter J. Parker 21 Campbell Rd. N .- An atricia A. ParXer b dover, MA 01845 - 106B 77 ho as . Tetrault 168 CamT)bell Rd, Christine A. Tetrault No. Andover, MA 01845 106B 31 & 721 TDJ Development Corp. 40 Lowell Rd. I I SnIpm, NH 03079 108A 12 1 Guy N. Richards 2009 Salem St. Carol R. Richards No. Andover, MA 01845 l0bA 1-1 Cleon Richards 2031 alem St. I Ru h Richards No. Andover, MA01845 108A 13 Commonwealth of 1951 Turnpike Rd. I Massachusetts No . Andover, MA 01b45 lubA 114 1Elizabeth M. Labelle 34 Magnolia Dr. I I Nn . Ardnvp-r. MA 01,945 _106n 121 lth of 19.51 Turnl)ike Pa . Massachusetts No. Andover, MA 01845 n 4 r, consultants 1 East River ICIaco December 9 , 1991 Town of North Andover VIA CERTIFIED MAIL Planning Board 46-7 P 729 3043083__, r'own Ha I I 120 Main Street North Andover , MA 01845 To The North Andover Planning Board : Enclosed you will find seven copies of a Definitive Subdivision Plan for "Campbell Forest " . The site is located off Campbell Road and is owned by TDJ Development Corp . Also enclosed are the following : 1 ) Two copies of the completed Form C application . 2 ) A certified list of abutters . 3 ) A copy of the notice -to the Town Clerk . 4 ) A copy of the notice to the Board of Health . 5 ) Seven copies of a report on drainage , soils , and environmental impact , and seven copies of a pre- and post -development drainage analysis , sent in a separate package ( certified mail no . P 729 303 084 ) . 6 ) A check for $9 , 800 . 00 which is the required filing fee . 7 ) A designer ' s certificate ( Form D) . 8 ) A letter requesting waivers to the; rules and regulations . All correspondence , notices of hearings and meetings , reports from town boards , etc . should be sent to the following : iv/l E'rrr/rye ei Land Suiveyorra 9 Land /""banner, \ ' ) / /~ andover Re : "Campbell Forest " Page 2 The Applicant : TDJ Development Corp . 40 LoVvo | | Road Salem , NH 83079 The Applicant ' s Engineer : Andover Consultants Inc . 1 East River P | oom Methuen , MA 01844 if you need additional information , feel free to contact this offioo , S | ncern | y , ANDOVER CONSULTANTS INC. David R . Jordmn , P . E. DRJ :mm Enc .